Determination of Attainment for the Ozone National Ambient Air Quality Standards for Nonattainment Areas in Delaware, District of Columbia, Maryland, Pennsylvania, and Virginia, 22896-22901 [E8-9261]

Download as PDF 22896 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules personal information provided, unless the comment includes information claimed to be Confidential Business 40 CFR Parts 52 and 81 Information (CBI) or other information whose disclosure is restricted by statute. [EPA–R03–OAR–2008–0109; FRL–8559–4] Do not submit information that you consider to be CBI or otherwise Determination of Attainment for the protected through https:// Ozone National Ambient Air Quality www.regulations.gov or e-mail. The Standards for Nonattainment Areas in https://www.regulations.gov Web site is Delaware, District of Columbia, an ‘‘anonymous access’’ system, which Maryland, Pennsylvania, and Virginia means EPA will not know your identity AGENCY: Environmental Protection or contact information unless you Agency (EPA). provide it in the body of your comment. If you send an e-mail comment directly ACTION: Proposed rule. to EPA without going through https:// SUMMARY: EPA is proposing to www.regulations.gov, your e-mail determine that two severe 1-hour ozone address will be automatically captured nonattainment areas, Philadelphiaand included as part of the comment Wilmington-Trenton, PA-NJ-DE-MD and that is placed in the public docket and Metropolitan Washington, DC-MD-VA, made available on the Internet. If you attained the 1-hour ozone National submit an electronic comment, EPA Ambient Air Quality Standards recommends that you include your (NAAQS) by the applicable attainment name and other contact information in date of November 15, 2005. EPA also the body of your comment and with any proposes to find that these areas are not disk or CD–ROM you submit. If EPA subject to the imposition of the penalty cannot read your comment due to fees under section 185 of the Clean Air technical difficulties and cannot contact Act (CAA). This proposal is based on you for clarification, EPA may not be three years of complete, quality-assured able to consider your comment. ambient air quality monitoring data for Electronic files should avoid the use of 2003 through 2005 ozone seasons. This special characters, any form of proposed determination of attainment is encryption, and be free of any defects or not a redesignation to attainment for viruses. these severe areas for which air quality Docket: All documents in the monitoring data indicates attainment of electronic docket are listed in the https:// the standard. EPA is proposing this www.regulations.gov index. Although action to fulfill obligations to make such listed in the index, some information is determinations under the CAA. not publicly available, i.e., CBI or other DATES: Written comments must be information whose disclosure is received on or before May 28, 2008. restricted by statute. Certain other ADDRESSES: Submit your comments, material, such as copyrighted material, identified by Docket ID Number EPA– is not placed on the Internet and will be R03–OAR–2008–0109 by one of the publicly available only in hard copy following methods: form. Publicly available docket A. https://www.regulations.gov. Follow materials are available either the on-line instructions for submitting electronically in https:// comments. www.regulations.gov or in hard copy B. E-mail: Fernandez.cristina@epa.gov during normal business hours at the Air C. Mail: EPA–R03–OAR–2008–0109, Protection Division, U.S. Environmental Cristina Fernandez, Chief, Air Quality Protection Agency, Region III, 1650 Planning Branch, Mailcode 3AP21, U.S. Arch Street, Philadelphia, Pennsylvania Environmental Protection Agency, 19103. Region III, 1650 Arch Street, FOR FURTHER INFORMATION CONTACT: Philadelphia, Pennsylvania 19103. Christopher Cripps, (215) 814–2179, or D. Hand Delivery: At the previouslyby e-mail at cripps.christopher@epa.gov. listed EPA Region III address. Such SUPPLEMENTARY INFORMATION: deliveries are only accepted during the Docket’s normal hours of operation, and Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. special arrangements should be made for deliveries of boxed information. I. What Actions Are EPA Proposing? Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2008– EPA is proposing two actions for both 0109. EPA’s policy is that all comments the Philadelphia-Wilmington-Trenton, received will be included in the public PA-NJ-DE-MD 1-hour ozone docket without change, and may be nonattainment area (hereafter ‘‘the made available online at https:// Philadelphia area’’) and the www.regulations.gov, including any Metropolitan Washington, DC-MD-VA rwilkins on PROD1PC63 with PROPOSALS ENVIRONMENTAL PROTECTION AGENCY VerDate Aug<31>2005 19:31 Apr 25, 2008 Jkt 214001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 1-hour ozone nonattainment area (hereafter ‘‘the Washington area’’). For the Philadelphia area, EPA is proposing to determine that this area attained the 1-hour ozone NAAQS by its attainment date, November 15, 2005. Because EPA is proposing to find that this area has attained the 1-hour ozone NAAQS by its applicable attainment date, we also propose to find that this area is not subject to the imposition of the section 185 penalty fees. For the Washington area, EPA is proposing to determine that this area attained the 1-hour ozone NAAQS by its attainment date, November 15, 2005. Because EPA is proposing to find that this area has attained the 1-hour ozone NAAQS by its applicable attainment date, we also propose to find that this area is not subject to the imposition of the section 185 penalty fees. Under Section 181(b)(2) of the CAA, EPA must determine whether ozone nonattainment areas have attained the ozone NAAQS by their attainment date. In the case of the Philadelphia and Washington areas these determinations are based upon air quality monitoring data for the 2003 through 2005 ozone seasons and must be based on the area’s design value as of the attainment date.1 This proposed determination of attainment is not a redesignation to attainment action for these severe areas. Nor is it a determination as to whether either the Philadelphia area or Washington area has continued to maintain attainment with the NAAQS after November 15, 2005. II. What Is the Background for These Proposed Actions? A. What Are the Geographical Boundaries of the Philadelphia and Washington Areas? 1. What Are the Geographical Boundaries of the Philadelphia Area 1Hour Severe Ozone Nonattainment Area? The Philadelphia 1-hour severe ozone nonattainment area consists of: Cecil County, Maryland; Kent and New Castle Counties in Delaware; Burlington, Camden, Cumberland, Gloucester, Mercer, and Salem Counties in New 1 EPA remains obligated under section 181(b)(2) to determine whether an area attained the 1-hour ozone NAAQS by its attainment date. However, after the revocation of the 1-hour ozone NAAQS, EPA is no longer obligated to reclassify an area to a higher classification for the 1-hour NAAQS based upon a determination that the area failed to attain the 1-hour NAAQS by the area’s attainment date for the 1-hour NAAQS. (40 CFR 51.905(e)(2)(i)(B). Thus even if we make a finding that an area has failed to attain the 1-hour ozone NAAQS by its attainment date, the area would not be reclassified to a higher classification. E:\FR\FM\28APP1.SGM 28APP1 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules Jersey; and, Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania. 2. What Are the Geographical Boundaries of the Washington Area 1-hour Severe Ozone Nonattainment Area? The Washington 1-hour severe ozone nonattainment area consists of the District of Columbia (the District), a Northern Virginia portion (Arlington, Fairfax, Loudoun, Prince William, and Stafford Counties and the cities of Alexandria, Falls Church, Fairfax, Manassas, and Manassas Park), and Calvert, Charles, Frederick, Montgomery, and Prince George’s Counties in Maryland. rwilkins on PROD1PC63 with PROPOSALS B. What Is the History of the Ozone Designations and Classifications and 1Hour Ozone Requirements for the Philadelphia and Washington 1-Hour Ozone Nonattainment Areas? When the CAA Amendments were enacted in 1990, each area of the country that was designated nonattainment for the 1-hour ozone NAAQS, including the Philadelphia and Washington areas, were classified by operation of law as marginal, moderate, serious, severe, or extreme depending on the severity of the area’s air quality problem. See, CAA sections 107(d)(1)(C) and 181(a). The Philadelphia 1-hour zone nonattainment area was classified as ‘‘severe-15’’ with a statutory attainment date of November 15, 2005. See, 56 FR 56694, November 6, 1991. The Washington area was designated nonattainment and initially classified ‘‘serious’’ for the 1-hour ozone NAAQS pursuant to section 181(a) of the CAA, but was later reclassified as ‘‘severe-15’’ with a statutory attainment date of November 15, 2005, due to its failure to attain by the November 15, 1999 attainment date for serious areas. See, 56 FR 56694, November 6, 1991 and 68 FR 3410, January 24, 2003. C. What Is the History of the 1-Hour Ozone Requirements Under EPA’s AntiBacksliding Rule? In an April 30, 2004 final rule (69 FR 23858), EPA designated and classified most areas of the country under the 8hour ozone NAAQS promulgated in 40 CFR 50.10. On April 30, 2004, EPA also issued a final rule (69 FR 23951) entitled ‘‘Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 1’’ (Phase 1 Rule). Among other matters, this rule revoked the 1-hour ozone NAAQS in the Philadelphia and Washington areas (as well as most other areas of the country), effective June 15, 2005. See, 40 CFR VerDate Aug<31>2005 19:31 Apr 25, 2008 Jkt 214001 50.9(b); 69 FR at 23996; and 70 FR 44470, August 3, 2005. This Phase 1 Rule also set forth how anti-backsliding principles will ensure continued progress toward attainment of the 8hour ozone NAAQS by identifying which 1-hour requirements remain applicable in an area after revocation of the 1-hour ozone NAAQS. Among the requirements not retained were the section 185 requirements for 1-hour severe or extreme nonattainment areas that fail to attain the 1-hour ozone NAAQS by the applicable 1-hour attainment date and the requirement to implement contingency measures for failure to attain the 1-hour ozone NAAQS by the applicable attainment date. See, 69 FR 23951, April 30, 2004, and 70 FR 30592, May 26, 2005. On December 22, 2006, the U.S. Court of Appeals for the District of Columbia Circuit (the Court) vacated EPA’s Phase 1 Implementation Rule for the 8-hour Ozone Standard (69 FR 23951, April 30, 2004). South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). Subsequently, in South Coast Air Quality Management Dist. v. EPA, 489 F.3d 1295 (D.C. Cir. 2007), in response to several petitions for rehearing, the Court clarified that the Phase 1 Rule was vacated only with regard to those parts of the rule that had been successfully challenged. With respect to the challenges to the antibacksliding provisions of the rule, the Court vacated three provisions that would have allowed States to remove from the SIP or to not adopt three 1hour obligations once the 1-hour ozone NAAQS was revoked: (1) Nonattainment area new source review (NSR) requirements based on an area’s 1-hour nonattainment classification; (2) section 185 requirement for 1-hour severe or extreme nonattainment areas that fail to attain the 1-hour ozone NAAQS by the 1-hour attainment date; and (3) measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an area not making reasonable further progress toward attainment of the 1-hour NAAQS or for failure to attain that NAAQS. The Court clarified that 1-hour conformity determinations are not required for antibacksliding purposes. The provisions in 40 CFR 51.905(a)– (c) remain in effect and areas must continue to meet those anti-backsliding requirements. However, the three provisions noted previously, which are specified in 51.905(e), were vacated by the Court. As a result, States must continue to meet the obligations for 1hour NSR; 1-hour contingency measures; and, for severe and extreme areas, the obligations related to the PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 22897 section 185 requirement. Currently, EPA is developing two proposed rules to address the Court’s vacatur and remand with respect to these three requirements. We will address in this proposed rule how the 1-hour obligations that currently continue to apply under EPA’s anti-backsliding rule (as interpreted by the Court) apply where EPA has made a determination that the area attained the 1-hour ozone NAAQS by its attainment date. D. What Are the Section 185 Requirements Pertinent to This Proposed Action? Section 185(a) of the CAA states that for a severe or extreme ozone nonattainment a State must collect fees on certain stationary sources of air pollution if the area ‘‘has failed to attain the national primary ambient air quality standard for ozone by the applicable attainment date.’’ E. What Are the Data Rounding Conventions for the 1-Hour Ozone NAAQS? Although the 1-hour ozone NAAQS as promulgated in 40 CFR 50.9 includes no discussion of specific data handling conventions, our publicly articulated position and the approach long since universally adopted by the air quality management community is that the interpretation of the 1-hour ozone standard requires rounding ambient air quality data consistent with the stated level of the standard, which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that: ‘‘The level of the national 1-hour primary and secondary ambient air quality standards for ozone * * * is 0.12 parts per million. * * *. The standard is attained when the expected number of days per calendar year with maximum hourly average concentrations Pennsylvania 0.12 parts per million * * * is equal to or less than 1, as determined by appendix H to this part.’’ We have clearly communicated the data handling conventions for the 1hour ozone NAAQS in guidance documents. As early as 1979, EPA issued guidance that the level of our NAAQS dictates the number of significant figures to be used in determining whether the standard was exceeded. The stated level of the standard is taken as defining the number of significant figures to be used in comparisons with the standard. For example, a standard level of 0.12 ppm means that measurements are to be rounded to two decimal places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest concentration value in excess of the level of the standard. See, E:\FR\FM\28APP1.SGM 28APP1 22898 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules ‘‘Guideline for the Interpretation of Ozone Air Quality Standards,’’ EPA– 450/4–79–003, OAQPS No. 1.2–108, January 1979. EPA has consistently applied the rounding convention in this 1979 guideline. For example, see, 68 FR 19106 at 19111, April 17, 2003; 68 FR 62041 at 62043, October 31, 2003; and, 69 FR 21717 at 21719, April 22, 2004. F. How Do We Make Attainment Determinations? Section 181(b)(2)(A) requires the Administrator to determine after the attainment date whether ozone nonattainment areas have attained the NAAQS. This provision states: ‘‘Within 6 months following the applicable attainment date (including any extension thereof) for an ozone nonattainment area, the Administrator shall determine, based on the area’s design value (as of the attainment date), whether the area attained the standard by the date.’’ Although section 181(b)(2)(A) states that the determination of attainment status be based on the area’s ‘‘design value,’’ EPA interprets this provision generally to refer to EPA’s methodology for determining attainment status. That is, EPA determines attainment status under the 1-hour ozone NAAQS on the basis of the annual average number of expected exceedances of the NAAQS over the 3-year period up to, and including, the attainment date. See, 60 FR 3349, January 17, 1995. See, also, ‘‘General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 at 13506, April 16, 1992 (the ‘‘General Preamble’’). We will determine whether an area’s air quality is meeting the NAAQS for purposes of sections 181(b)(2) based upon data that has been collected and quality-assured in accordance with 40 CFR part 58, and recorded in EPA’s Air Quality System (AQS) database, (formerly known as the Aerometric Information Retrieval System (AIRS)). The 1-hour ozone NAAQS is 0.12 ppm, not to be exceeded on average more than 1 day per year averaged over any 3-year period. See, 40 CFR 50.9 and appendix H to 40 CFR part 50. To account for missing data, the procedures found in appendix H to 40 CFR part 50 are used to adjust the actual number of monitored exceedances of the standard to yield the annual number of expected exceedances (‘‘expected exceedance days’’) at an air quality monitoring site. Under our policies, we determine if an area has attained the 1-hour ozone NAAQS by calculating, at each monitor, the average expected number of days over the standard per year (i.e., ‘‘average number of expected exceedance days’’) during the applicable 3-year period. See, generally the General Preamble, 57 FR at 13506, April 16, 1992 and Memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, EPA, to Regional Air Office Directors; ‘‘Procedures for Processing Bump Ups and Extensions for Marginal Ozone Nonattainment Areas,’’ February 3, 1994. While the latter is explicitly applicable only to marginal areas, the general procedures for evaluating attainment in terms of the average number of expected exceedance days during the applicable 3-year period in this memorandum apply regardless of the initial classification of an area because all findings of attainment are made pursuant to the same CAA requirements in section 181(b)(2). As noted previously, the applicable attainment date under the 1-hour ozone NAAQS for both the Philadelphia and Washington areas was November 15, 2005. Under these requirements, for severe ozone nonattainment areas with a statutory attainment date of November 15, 2005, we have based our proposed determination of attainment of the 1hour ozone NAAQS by the applicable attainment date on the average number of expected exceedance days per year for the period 2003 though 2005 to determine whether the area met its applicable attainment date under section 181 of the CAA. We have reviewed this data to determine the area’s air quality status in accordance with 40 CFR 50.9, and EPA policy guidance as discussed in the preceding paragraphs and in the previous discussion on rounding conventions elsewhere in the is document. III. What Is the Basis for EPA’s Proposed Determinations of Attainment Under Section 181? A. How Did We Determine That the Philadelphia and Washington Areas Attained the 1-Hour Ozone NAAQS by the Applicable Attainment Date? From 2003 through 2005, ambient air quality for ozone was monitored on a continuous basis at 18 monitoring sites within the Philadelphia area and at 17 monitoring sites in the Washington area. As noted previously, the applicable attainment date for both the Philadelphia and Washington severe 1-hour ozone nonattainment areas was November 15, 2005. We are evaluating attainment based on the data from 2003 through 2005. 1. Summary of the Philadelphia Area’s Ozone Data for 2003 to 2005 During the entire 2003 to 2005 period, 18 ozone monitoring stations in the Philadelphia area were in operation. One other monitor discontinued operations in 2003.2 Table 1.A summarizes the ozone data collected at the 18 ozone monitoring stations during the 2003 to 2005 period and included in AQS for the Philadelphia area. This data has been quality assured and is recorded in AQS. The Philadelphia area States use the AQS as the permanent database to maintain its data and quality assure the data transfers and content for accuracy. We have used the established rounding conventions set forth in our guidance documents and regulations. TABLE 1.A.—AVERAGE NUMBER OF OZONE EXPECTED EXCEEDANCE DAYS PER YEAR BY MONITORS IN THE PHILADELPHIA AREA 2003 TO 2005 Monitor information State Number of expected exceedance days Monitor AQS ID No. 2003 2004 2005 Average number of expected exceedance days per year rwilkins on PROD1PC63 with PROPOSALS 2003–05 DE .......... DE .......... DE .......... Killens Pond Rd, Kent County ............................................................ Lums Pond State Park, New Castle County ...................................... Brandywine Creek State Park, New Castle County ........................... 2 This was the monitor located at West Chester University in West Chester, Chester County, Pennsylvania (AQS ID# 420290050). The monitor VerDate Aug<31>2005 17:54 Apr 25, 2008 Jkt 214001 100010002 100031007 100031010 had averaged 0.3 exceedances per year over this 3year period from 2001 to 2003. Therefore, EPA concludes that this monitor was attaining the 1- PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 1.0 1.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.3 1.0 0.0 hour ozone NAAQS at the time monitoring ceased at this site. E:\FR\FM\28APP1.SGM 28APP1 22899 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules TABLE 1.A.—AVERAGE NUMBER OF OZONE EXPECTED EXCEEDANCE DAYS PER YEAR BY MONITORS IN THE PHILADELPHIA AREA 2003 TO 2005—Continued Monitor information State Number of expected exceedance days Monitor AQS ID No. 2003 2004 2005 Average number of expected exceedance days per year 2003–05 DE .......... MD .......... NJ ........... NJ ........... NJ ........... NJ ........... NJ ........... PA ........... PA ........... PA ........... PA ........... PA ........... PA ........... PA ........... PA ........... Bellevue State Park, New Castle County ........................................... Fairhill, Cecil County ........................................................................... Copewood E. Davis Sts, Camden ...................................................... Ancora State Hospital, Camden County ............................................. Lincoln Ave. & Highway 55, Vineland, Cumberland County .............. Shady Lane Rest Home, Clarksboro, Gloucester County .................. Rider College, Mercer County ............................................................ Rockview Lane, Bristol, Bucks County ............................................... New Garden Airport—Toughkenamon, Chester County .................... Front St & Norris St, Chester, Delaware County ............................... State Armory, Norristown, Montgomery County ................................. 1501 E Lycoming Ave AMS Lab, Philadelphia ................................... Roxy Water Pump Sta, Philadelphia .................................................. Grant-Ashton Roads, NE Airport, Philadelphia .................................. Amtrak, 5917 Elmwood Avenue, Philadelphia ................................... 100031013 240150003 340070003 340071001 340110007 340150002 340210005 420170012 420290100 420450002 420910013 421010004 421010014 421010024 421010136 0.0 0.0 0.0 2.0 1.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 1.0 0.0 0.0 1.0 1.0 1.1 0.0 0.0 0.0 2.0 0.0 0.0 0.7 0.0 0.7 0.7 0.7 0.0 0.3 0.3 0.4 0.0 0.0 0.0 0.7 0.0 Source: EPA AQS Database. As shown in Table 1.A, the average number of expected exceedance days per year is less than or equal to 1.0 at all of the sites. Therefore, we propose to find that the Philadelphia area attained the 1-hour ozone NAAQS by November 15, 2005, which was the applicable attainment date under the 1-hour ozone NAAQS for this nonattainment area. 2. Summary of the Washington Area’s Ozone Data for 2003 to 2005 During the entire 2003 to 2005 period, there were 17 ozone monitoring stations in the Washington area were in operation. One other monitor had discontinued operations in 2003.3 Table 1.B summarizes the ozone data collected at the ozone monitoring stations during the 2003 to 2005 period and included in AQS for the Washington area. This data has been quality assured and is recorded in AQS. The Washington area States use the AQS as the permanent database to maintain its data and quality assure the data transfers and content for accuracy. We have used the established rounding conventions set forth in our guidance documents and regulations. TABLE 1.B.—AVERAGE NUMBER OF OZONE EXPECTED EXCEEDANCE DAYS PER YEAR BY MONITORS IN THE WASHINGTON AREA 2003 TO 2005 Monitor information State Number of expected exceedance days Monitor AQS ID No. 2003 2004 2005 Average number of expected exceedance days per year 2003–05 rwilkins on PROD1PC63 with PROPOSALS DC DC DC MD MD MD MD MD .......... .......... .......... .......... .......... .......... .......... .......... MD .......... VA ........... VA ........... VA ........... VA ........... VA ........... VA ........... VA ........... VA ........... VA ........... Tacoma School, Washington .............................................................. River Terrace, 34th and Dix Streets, NE, Washington ...................... McMillan Reservoir, 2500 1st Street, NW, Washington ..................... Calvert County .................................................................................... Southern Maryland, Charles County .................................................. Frederick County ................................................................................. Rockville, Montgomery County ........................................................... Howard University’s Beltsville Laboratory, Beltsville, Prince George’s County. P.G. County Equestrian Cntr, Prince George’s County ..................... 18th And Hayes St, Arlington County ................................................. Cub Run Lee Rd, Chantilly, Fairfax County ....................................... Mount Vernon, Fairfax County ............................................................ Lee Park, Franconia, Fairfax County .................................................. 6507 Columbia Pike, Annandale, Fairfax County .............................. McLean, Fairfax County ...................................................................... Ashburn, Loudoun County .................................................................. Long Park, Prince William County ...................................................... Widewater, Stafford County ................................................................ 3 This was the monitor located at the Goddard Space Flight Center in Greenbelt, Prince George’s County, Maryland (AQS Id# 240330002). This VerDate Aug<31>2005 19:31 Apr 25, 2008 Jkt 214001 110010025 110010041 110010043 240090011 240170010 240210037 240313001 240330030 0.0 0.0 0.0 Note 1 1.0 0.0 1.1 Note 1 0.0 0.0 0.0 Note 1 0.0 0.0 0.0 Note 1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Note 1 0.3 0.0 0.4 Note 1 240338003 510130020 510590005 510590018 510590030 510591005 510595001 511071005 511530009 511790001 2.0 1.0 0.0 2.0 1.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1.0 0.0 1.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.3 0.0 1.0 0.7 0.3 0.3 0.3 0.0 0.0 monitor had averaged of 0.7 exceedances per year over this 3-year period from 2001 to 2003. Therefore, EPA concludes that this monitor was PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 attaining the 1-hour ozone NAAQS at the time monitoring ceased at this site. E:\FR\FM\28APP1.SGM 28APP1 22900 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules TABLE 1.B.—AVERAGE NUMBER OF OZONE EXPECTED EXCEEDANCE DAYS PER YEAR BY MONITORS IN THE WASHINGTON AREA 2003 TO 2005—Continued Monitor information State Number of expected exceedance days Monitor AQS ID No. 2003 2004 2005 Average number of expected exceedance days per year 2003–05 VA ........... Alexandria City .................................................................................... 515100009 0.0 1.0 0.0 0.3 Source: EPA AQS Database. Notes: 1. These two additional monitoring sites commenced operations in 2005. Because neither of these two monitoring sites recorded an exceedance of the 1-hour ozone NAAQS in 2005, EPA concludes that these monitors were attaining the 1-hour ozone NAAQS in 2005. As shown in Table 1.B, the average number of expected exceedance days per year is less than or equal to 1.0 at all of the sites. Therefore, we propose to find that the Washington area attained the 1-hour ozone NAAQS by November 15, 2005, which was the applicable attainment date under the 1-hour ozone NAAQS for this nonattainment area. rwilkins on PROD1PC63 with PROPOSALS IV. What Would Be the Consequences of This Proposed Action? Because the area has attained the 1hour ozone NAAQS by the applicable attainment date, the area is not subject to the requirement to implement contingency measures for failure to attain the 1-hour ozone NAAQS by its attainment date. Since the area has met its attainment deadline, even if the area subsequently lapses into nonattainment, it would not be required to implement the contingency measures for failure to attain the 1-hour ozone NAAQS by its attainment date. If a severe or extreme 1-hour ozone nonattainment area attains by its 1-hour ozone attainment date, it would not be required to implement the section 185 penalty fees program. Section 185(a) of the CAA states that a severe or extreme ozone nonattainment must implement a program to impose fees on certain stationary sources of air pollution if the area ‘‘has failed to attain the national primary ambient air quality standard for ozone by the applicable attainment date.’’ Consequently, if such an area has attained the standard as of its applicable attainment date, even if it subsequently lapses into nonattainment, the area would not be required to implement the section 185 penalty fees program. Because EPA is proposing to find that the area has attained the 1-hour ozone NAAQS by its applicable attainment date, we also propose to find that the VerDate Aug<31>2005 19:31 Apr 25, 2008 Jkt 214001 area is not subject to the imposition of the section 185 penalty fees. V. Proposed Actions A. Philadelphia Area Based upon EPA’s review of the air quality data for the 3-year period 2003 to 2005, EPA is proposing to determine that the Philadelphia severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also proposes to find that this area is not subject to the imposition of the section 185 penalty fees. B. Washington Area Based upon EPA’s review of the air quality data for the 3-year period 2003 to 2005, EPA is proposing to determine that the Washington severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also proposes to find that this area is not subject to the imposition of the section 185 penalty fees. VI. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). This proposed action merely proposes to find that an area has attained a previously-established NAAQS based on an objective review of measured air quality data and imposes no additional requirements. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule does not impose any additional enforceable duties, it does not contain PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to determine that each of two areas has attained a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve establishment of technical standards, and thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. These proposed rules to determine that the Philadelphia and Washington severe zone nonattainment E:\FR\FM\28APP1.SGM 28APP1 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Proposed Rules areas attained the 1-hour ozone NAAQS and are not required to impose section 185 penalty fees does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds. 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: April 15, 2008. W.T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E8–9261 Filed 4–25–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2008–0260; FRL–8556–6] RIN 2060–AO57 Standards of Performance for Coal Preparation Plants Environmental Protection Agency (EPA). ACTION: Proposed rule. rwilkins on PROD1PC63 with PROPOSALS AGENCY: SUMMARY: Pursuant to section 111(b)(1)(B) of the Clean Air Act (CAA), EPA has reviewed the emissions limits in the standards of performance for coal preparation plants which were promulgated January 15, 1976. This action presents the results of EPA’s review and proposes amendments to limits for coal preparation plants consistent with those results. Specifically, we are proposing to tighten and add additional particulate matter (PM) emissions limits for sources constructed after April 28, 2008. In addition, we are proposing to clarify the procedures used to measure emissions from coal preparation plants and add new monitoring requirements for sources constructed after April 28, 2008. DATES: Comments. Comments must be received on or before June 12, 2008. If anyone contacts EPA by May 8, 2008 NAICS 1 Category Industry ....................................................... VerDate Aug<31>2005 17:54 Apr 25, 2008 requesting to speak at a public hearing, EPA will hold a public hearing on May 13, 2008. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by the Office of Management and Budget (OMB) on or before May 28, 2008. ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2008–0260, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • By Facsimile: (202) 566–1741. • Mail: Air and Radiation Docket, U.S. EPA, Mail Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA requests a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT). • Hand Delivery: EPA Docket Center, Docket ID Number EPA–HQ–OAR– 2008–0260, EPA West Building, 1301 Constitution Ave., NW., Room 3334, Washington, DC, 20004. Such deliveries are accepted only during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2008– 0260. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an Jkt 214001 212111 212112 221112 212113 PO 00000 e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air and Radiation Docket EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. Mr. Christian Fellner, Energy Strategies Group, Sector Policies and Programs Division (D243–01), U.S. EPA, Research Triangle Park, NC 27711, telephone number (919) 541–4003, facsimile number (919) 541–5450, electronic mail (e-mail) address: fellner.christian@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially affected by this proposed action include, but are not limited to, the following: Examples of regulated entities Bituminous Coal and Lignite Surface Mining. Bituminous Coal Underground Mining. Fossil Fuel Electric Power Generation. Anthracite Mining. Frm 00066 Fmt 4702 Sfmt 4702 22901 E:\FR\FM\28APP1.SGM 28APP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Proposed Rules]
[Pages 22896-22901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9261]

[[Page 22896]]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2008-0109; FRL-8559-4]

Determination of Attainment for the Ozone National Ambient Air
Quality Standards for Nonattainment Areas in Delaware, District of
Columbia, Maryland, Pennsylvania, and Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to determine that two severe 1-hour ozone
nonattainment areas, Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD and
Metropolitan Washington, DC-MD-VA, attained the 1-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of November 15, 2005. EPA also proposes to find that these areas are
not subject to the imposition of the penalty fees under section 185 of
the Clean Air Act (CAA). This proposal is based on three years of
complete, quality-assured ambient air quality monitoring data for 2003
through 2005 ozone seasons. This proposed determination of attainment
is not a redesignation to attainment for these severe areas for which
air quality monitoring data indicates attainment of the standard. EPA
is proposing this action to fulfill obligations to make such
determinations under the CAA.

DATES: Written comments must be received on or before May 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0109 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: Fernandez.cristina@epa.gov
C. Mail: EPA-R03-OAR-2008-0109, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0109. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

I. What Actions Are EPA Proposing?

EPA is proposing two actions for both the Philadelphia-Wilmington-
Trenton, PA-NJ-DE-MD 1-hour ozone nonattainment area (hereafter ``the
Philadelphia area'') and the Metropolitan Washington, DC-MD-VA 1-hour
ozone nonattainment area (hereafter ``the Washington area'').
For the Philadelphia area, EPA is proposing to determine that this
area attained the 1-hour ozone NAAQS by its attainment date, November
15, 2005. Because EPA is proposing to find that this area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that this area is not subject to the imposition of the
section 185 penalty fees.
For the Washington area, EPA is proposing to determine that this
area attained the 1-hour ozone NAAQS by its attainment date, November
15, 2005. Because EPA is proposing to find that this area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that this area is not subject to the imposition of the
section 185 penalty fees.
Under Section 181(b)(2) of the CAA, EPA must determine whether
ozone nonattainment areas have attained the ozone NAAQS by their
attainment date. In the case of the Philadelphia and Washington areas
these determinations are based upon air quality monitoring data for the
2003 through 2005 ozone seasons and must be based on the area's design
value as of the attainment date.\1\
---------------------------------------------------------------------------

\1\ EPA remains obligated under section 181(b)(2) to determine
whether an area attained the 1-hour ozone NAAQS by its attainment
date. However, after the revocation of the 1-hour ozone NAAQS, EPA
is no longer obligated to reclassify an area to a higher
classification for the 1-hour NAAQS based upon a determination that
the area failed to attain the 1-hour NAAQS by the area's attainment
date for the 1-hour NAAQS. (40 CFR 51.905(e)(2)(i)(B). Thus even if
we make a finding that an area has failed to attain the 1-hour ozone
NAAQS by its attainment date, the area would not be reclassified to
a higher classification.
---------------------------------------------------------------------------

This proposed determination of attainment is not a redesignation to
attainment action for these severe areas. Nor is it a determination as
to whether either the Philadelphia area or Washington area has
continued to maintain attainment with the NAAQS after November 15,
2005.

II. What Is the Background for These Proposed Actions?

A. What Are the Geographical Boundaries of the Philadelphia and
Washington Areas?

1. What Are the Geographical Boundaries of the Philadelphia Area 1-Hour
Severe Ozone Nonattainment Area?
The Philadelphia 1-hour severe ozone nonattainment area consists
of: Cecil County, Maryland; Kent and New Castle Counties in Delaware;
Burlington, Camden, Cumberland, Gloucester, Mercer, and Salem Counties
in New

[[Page 22897]]

Jersey; and, Bucks, Chester, Delaware, Montgomery, and Philadelphia
Counties in Pennsylvania.
2. What Are the Geographical Boundaries of the Washington Area 1-hour
Severe Ozone Nonattainment Area?
The Washington 1-hour severe ozone nonattainment area consists of
the District of Columbia (the District), a Northern Virginia portion
(Arlington, Fairfax, Loudoun, Prince William, and Stafford Counties and
the cities of Alexandria, Falls Church, Fairfax, Manassas, and Manassas
Park), and Calvert, Charles, Frederick, Montgomery, and Prince George's
Counties in Maryland.

B. What Is the History of the Ozone Designations and Classifications
and 1-Hour Ozone Requirements for the Philadelphia and Washington 1-
Hour Ozone Nonattainment Areas?

When the CAA Amendments were enacted in 1990, each area of the
country that was designated nonattainment for the 1-hour ozone NAAQS,
including the Philadelphia and Washington areas, were classified by
operation of law as marginal, moderate, serious, severe, or extreme
depending on the severity of the area's air quality problem. See, CAA
sections 107(d)(1)(C) and 181(a). The Philadelphia 1-hour zone
nonattainment area was classified as ``severe-15'' with a statutory
attainment date of November 15, 2005. See, 56 FR 56694, November 6,
1991. The Washington area was designated nonattainment and initially
classified ``serious'' for the 1-hour ozone NAAQS pursuant to section
181(a) of the CAA, but was later reclassified as ``severe-15'' with a
statutory attainment date of November 15, 2005, due to its failure to
attain by the November 15, 1999 attainment date for serious areas. See,
56 FR 56694, November 6, 1991 and 68 FR 3410, January 24, 2003.

C. What Is the History of the 1-Hour Ozone Requirements Under EPA's
Anti-Backsliding Rule?

In an April 30, 2004 final rule (69 FR 23858), EPA designated and
classified most areas of the country under the 8-hour ozone NAAQS
promulgated in 40 CFR 50.10. On April 30, 2004, EPA also issued a final
rule (69 FR 23951) entitled ``Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard--Phase 1'' (Phase 1 Rule). Among
other matters, this rule revoked the 1-hour ozone NAAQS in the
Philadelphia and Washington areas (as well as most other areas of the
country), effective June 15, 2005. See, 40 CFR 50.9(b); 69 FR at 23996;
and 70 FR 44470, August 3, 2005. This Phase 1 Rule also set forth how
anti-backsliding principles will ensure continued progress toward
attainment of the 8-hour ozone NAAQS by identifying which 1-hour
requirements remain applicable in an area after revocation of the 1-
hour ozone NAAQS. Among the requirements not retained were the section
185 requirements for 1-hour severe or extreme nonattainment areas that
fail to attain the 1-hour ozone NAAQS by the applicable 1-hour
attainment date and the requirement to implement contingency measures
for failure to attain the 1-hour ozone NAAQS by the applicable
attainment date. See, 69 FR 23951, April 30, 2004, and 70 FR 30592, May
26, 2005.
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). Subsequently, in South Coast Air Quality Management Dist. v.
EPA, 489 F.3d 1295 (D.C. Cir. 2007), in response to several petitions
for rehearing, the Court clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. With respect to the challenges to the anti-backsliding
provisions of the rule, the Court vacated three provisions that would
have allowed States to remove from the SIP or to not adopt three 1-hour
obligations once the 1-hour ozone NAAQS was revoked: (1) Nonattainment
area new source review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) section 185 requirement for 1-hour
severe or extreme nonattainment areas that fail to attain the 1-hour
ozone NAAQS by the 1-hour attainment date; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS or for failure to attain that
NAAQS. The Court clarified that 1-hour conformity determinations are
not required for anti-backsliding purposes.
The provisions in 40 CFR 51.905(a)-(c) remain in effect and areas
must continue to meet those anti-backsliding requirements. However, the
three provisions noted previously, which are specified in 51.905(e),
were vacated by the Court. As a result, States must continue to meet
the obligations for 1-hour NSR; 1-hour contingency measures; and, for
severe and extreme areas, the obligations related to the section 185
requirement. Currently, EPA is developing two proposed rules to address
the Court's vacatur and remand with respect to these three
requirements. We will address in this proposed rule how the 1-hour
obligations that currently continue to apply under EPA's anti-
backsliding rule (as interpreted by the Court) apply where EPA has made
a determination that the area attained the 1-hour ozone NAAQS by its
attainment date.

D. What Are the Section 185 Requirements Pertinent to This Proposed
Action?

Section 185(a) of the CAA states that for a severe or extreme ozone
nonattainment a State must collect fees on certain stationary sources
of air pollution if the area ``has failed to attain the national
primary ambient air quality standard for ozone by the applicable
attainment date.''

E. What Are the Data Rounding Conventions for the 1-Hour Ozone NAAQS?

Although the 1-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, our
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the 1-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that:
``The level of the national 1-hour primary and secondary ambient air
quality standards for ozone * * * is 0.12 parts per million. * * *. The
standard is attained when the expected number of days per calendar year
with maximum hourly average concentrations Pennsylvania 0.12 parts per
million * * * is equal to or less than 1, as determined by appendix H
to this part.''
We have clearly communicated the data handling conventions for the
1-hour ozone NAAQS in guidance documents. As early as 1979, EPA issued
guidance that the level of our NAAQS dictates the number of significant
figures to be used in determining whether the standard was exceeded.
The stated level of the standard is taken as defining the number of
significant figures to be used in comparisons with the standard. For
example, a standard level of 0.12 ppm means that measurements are to be
rounded to two decimal places (0.005 rounds up), and, therefore, 0.125
ppm is the smallest concentration value in excess of the level of the
standard. See,

[[Page 22898]]

``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979. EPA has consistently
applied the rounding convention in this 1979 guideline. For example,
see, 68 FR 19106 at 19111, April 17, 2003; 68 FR 62041 at 62043,
October 31, 2003; and, 69 FR 21717 at 21719, April 22, 2004.

F. How Do We Make Attainment Determinations?

Section 181(b)(2)(A) requires the Administrator to determine after
the attainment date whether ozone nonattainment areas have attained the
NAAQS. This provision states: ``Within 6 months following the
applicable attainment date (including any extension thereof) for an
ozone nonattainment area, the Administrator shall determine, based on
the area's design value (as of the attainment date), whether the area
attained the standard by the date.'' Although section 181(b)(2)(A)
states that the determination of attainment status be based on the
area's ``design value,'' EPA interprets this provision generally to
refer to EPA's methodology for determining attainment status. That is,
EPA determines attainment status under the 1-hour ozone NAAQS on the
basis of the annual average number of expected exceedances of the NAAQS
over the 3-year period up to, and including, the attainment date. See,
60 FR 3349, January 17, 1995. See, also, ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 at 13506, April 16, 1992 (the ``General Preamble'').
We will determine whether an area's air quality is meeting the
NAAQS for purposes of sections 181(b)(2) based upon data that has been
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in EPA's Air Quality System (AQS) database, (formerly known as
the Aerometric Information Retrieval System (AIRS)).
The 1-hour ozone NAAQS is 0.12 ppm, not to be exceeded on average
more than 1 day per year averaged over any 3-year period. See, 40 CFR
50.9 and appendix H to 40 CFR part 50. To account for missing data, the
procedures found in appendix H to 40 CFR part 50 are used to adjust the
actual number of monitored exceedances of the standard to yield the
annual number of expected exceedances (``expected exceedance days'') at
an air quality monitoring site. Under our policies, we determine if an
area has attained the 1-hour ozone NAAQS by calculating, at each
monitor, the average expected number of days over the standard per year
(i.e., ``average number of expected exceedance days'') during the
applicable 3-year period. See, generally the General Preamble, 57 FR at
13506, April 16, 1992 and Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, EPA, to Regional Air Office
Directors; ``Procedures for Processing Bump Ups and Extensions for
Marginal Ozone Nonattainment Areas,'' February 3, 1994. While the
latter is explicitly applicable only to marginal areas, the general
procedures for evaluating attainment in terms of the average number of
expected exceedance days during the applicable 3-year period in this
memorandum apply regardless of the initial classification of an area
because all findings of attainment are made pursuant to the same CAA
requirements in section 181(b)(2).
As noted previously, the applicable attainment date under the 1-
hour ozone NAAQS for both the Philadelphia and Washington areas was
November 15, 2005. Under these requirements, for severe ozone
nonattainment areas with a statutory attainment date of November 15,
2005, we have based our proposed determination of attainment of the 1-
hour ozone NAAQS by the applicable attainment date on the average
number of expected exceedance days per year for the period 2003 though
2005 to determine whether the area met its applicable attainment date
under section 181 of the CAA. We have reviewed this data to determine
the area's air quality status in accordance with 40 CFR 50.9, and EPA
policy guidance as discussed in the preceding paragraphs and in the
previous discussion on rounding conventions elsewhere in the is
document.

III. What Is the Basis for EPA's Proposed Determinations of Attainment
Under Section 181?

A. How Did We Determine That the Philadelphia and Washington Areas
Attained the 1-Hour Ozone NAAQS by the Applicable Attainment Date?

From 2003 through 2005, ambient air quality for ozone was monitored
on a continuous basis at 18 monitoring sites within the Philadelphia
area and at 17 monitoring sites in the Washington area. As noted
previously, the applicable attainment date for both the Philadelphia
and Washington severe 1-hour ozone nonattainment areas was November 15,
2005. We are evaluating attainment based on the data from 2003 through
2005.
1. Summary of the Philadelphia Area's Ozone Data for 2003 to 2005
During the entire 2003 to 2005 period, 18 ozone monitoring stations
in the Philadelphia area were in operation. One other monitor
discontinued operations in 2003.\2\ Table 1.A summarizes the ozone data
collected at the 18 ozone monitoring stations during the 2003 to 2005
period and included in AQS for the Philadelphia area. This data has
been quality assured and is recorded in AQS. The Philadelphia area
States use the AQS as the permanent database to maintain its data and
quality assure the data transfers and content for accuracy. We have
used the established rounding conventions set forth in our guidance
documents and regulations.
---------------------------------------------------------------------------

\2\ This was the monitor located at West Chester University in
West Chester, Chester County, Pennsylvania (AQS ID
420290050). The monitor had averaged 0.3 exceedances per year over
this 3-year period from 2001 to 2003. Therefore, EPA concludes that
this monitor was attaining the 1-hour ozone NAAQS at the time
monitoring ceased at this site.

Table 1.A.--Average Number of Ozone Expected Exceedance Days Per Year by Monitors in the Philadelphia Area 2003
to 2005
----------------------------------------------------------------------------------------------------------------
Monitor information Number of expected Average
---------------------------------------------------------------------- exceedance days number of
--------------------------- expected
exceedance
State Monitor AQS ID No. days per year
2003 2004 2005 ---------------
2003-05
----------------------------------------------------------------------------------------------------------------
DE.................... Killens Pond Rd, Kent County. 100010002 1.0 0.0 0.0 0.3
DE.................... Lums Pond State Park, New 100031007 1.0 0.0 2.0 1.0
Castle County.
DE.................... Brandywine Creek State Park, 100031010 0.0 0.0 0.0 0.0
New Castle County.

[[Page 22899]]

DE.................... Bellevue State Park, New 100031013 0.0 0.0 0.0 0.0
Castle County.
MD.................... Fairhill, Cecil County....... 240150003 0.0 0.0 2.0 0.7
NJ.................... Copewood E. Davis Sts, Camden 340070003 0.0 0.0 0.0 0.0
NJ.................... Ancora State Hospital, Camden 340071001 2.0 0.0 0.0 0.7
County.
NJ.................... Lincoln Ave. & Highway 55, 340110007 1.0 0.0 1.0 0.7
Vineland, Cumberland County.
NJ.................... Shady Lane Rest Home, 340150002 2.0 0.0 0.0 0.7
Clarksboro, Gloucester
County.
NJ.................... Rider College, Mercer County. 340210005 0.0 0.0 0.0 0.0
PA.................... Rockview Lane, Bristol, Bucks 420170012 0.0 0.0 1.0 0.3
County.
PA.................... New Garden Airport-- 420290100 0.0 0.0 1.0 0.3
Toughkenamon, Chester County.
PA.................... Front St & Norris St, 420450002 0.0 0.0 1.1 0.4
Chester, Delaware County.
PA.................... State Armory, Norristown, 420910013 0.0 0.0 0.0 0.0
Montgomery County.
PA.................... 1501 E Lycoming Ave AMS Lab, 421010004 0.0 0.0 0.0 0.0
Philadelphia.
PA.................... Roxy Water Pump Sta, 421010014 0.0 0.0 0.0 0.0
Philadelphia.
PA.................... Grant-Ashton Roads, NE 421010024 0.0 0.0 2.0 0.7
Airport, Philadelphia.
PA.................... Amtrak, 5917 Elmwood Avenue, 421010136 0.0 0.0 0.0 0.0
Philadelphia.
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS Database.

As shown in Table 1.A, the average number of expected exceedance
days per year is less than or equal to 1.0 at all of the sites.
Therefore, we propose to find that the Philadelphia area attained the
1-hour ozone NAAQS by November 15, 2005, which was the applicable
attainment date under the 1-hour ozone NAAQS for this nonattainment
area.
2. Summary of the Washington Area's Ozone Data for 2003 to 2005
During the entire 2003 to 2005 period, there were 17 ozone
monitoring stations in the Washington area were in operation. One other
monitor had discontinued operations in 2003.\3\ Table 1.B summarizes
the ozone data collected at the ozone monitoring stations during the
2003 to 2005 period and included in AQS for the Washington area. This
data has been quality assured and is recorded in AQS. The Washington
area States use the AQS as the permanent database to maintain its data
and quality assure the data transfers and content for accuracy. We have
used the established rounding conventions set forth in our guidance
documents and regulations.
---------------------------------------------------------------------------

\3\ This was the monitor located at the Goddard Space Flight
Center in Greenbelt, Prince George's County, Maryland (AQS
Id 240330002). This monitor had averaged of 0.7 exceedances
per year over this 3-year period from 2001 to 2003. Therefore, EPA
concludes that this monitor was attaining the 1-hour ozone NAAQS at
the time monitoring ceased at this site.

Table 1.B.--Average Number of Ozone Expected Exceedance Days per Year by Monitors in the Washington Area 2003 to
2005
----------------------------------------------------------------------------------------------------------------
Monitor information Number of expected Average number
---------------------------------------------------------------------- exceedance days of expected
--------------------------- exceedance
days per year
State Monitor AQS ID No. 2003 2004 2005 ---------------
2003-05
----------------------------------------------------------------------------------------------------------------
DC.................... Tacoma School, Washington.... 110010025 0.0 0.0 0.0 0.0
DC.................... River Terrace, 34th and Dix 110010041 0.0 0.0 0.0 0.0
Streets, NE, Washington.
DC.................... McMillan Reservoir, 2500 1st 110010043 0.0 0.0 0.0 0.0
Street, NW, Washington.
MD.................... Calvert County............... 240090011 Note 1 Note 1 0.0 Note 1
MD.................... Southern Maryland, Charles 240170010 1.0 0.0 0.0 0.3
County.
MD.................... Frederick County............. 240210037 0.0 0.0 0.0 0.0
MD.................... Rockville, Montgomery County. 240313001 1.1 0.0 0.0 0.4
MD.................... Howard University's 240330030 Note 1 Note 1 0.0 Note 1
Beltsville Laboratory,
Beltsville, Prince George's
County.
MD.................... P.G. County Equestrian Cntr, 240338003 2.0 0.0 0.0 0.7
Prince George's County.
VA.................... 18th And Hayes St, Arlington 510130020 1.0 0.0 0.0 0.3
County.
VA.................... Cub Run Lee Rd, Chantilly, 510590005 0.0 0.0 0.0 0.0
Fairfax County.
VA.................... Mount Vernon, Fairfax County. 510590018 2.0 1.0 0.0 1.0
VA.................... Lee Park, Franconia, Fairfax 510590030 1.0 1.0 0.0 0.7
County.
VA.................... 6507 Columbia Pike, 510591005 1.0 0.0 0.0 0.3
Annandale, Fairfax County.
VA.................... McLean, Fairfax County....... 510595001 0.0 1.0 0.0 0.3
VA.................... Ashburn, Loudoun County...... 511071005 0.0 1.0 0.0 0.3
VA.................... Long Park, Prince William 511530009 0.0 0.0 0.0 0.0
County.
VA.................... Widewater, Stafford County... 511790001 0.0 0.0 0.0 0.0

[[Page 22900]]

VA.................... Alexandria City.............. 515100009 0.0 1.0 0.0 0.3
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS Database.

Notes: 1. These two additional monitoring sites commenced
operations in 2005. Because neither of these two monitoring sites
recorded an exceedance of the 1-hour ozone NAAQS in 2005, EPA
concludes that these monitors were attaining the 1-hour ozone NAAQS
in 2005.

As shown in Table 1.B, the average number of expected exceedance
days per year is less than or equal to 1.0 at all of the sites.
Therefore, we propose to find that the Washington area attained the 1-
hour ozone NAAQS by November 15, 2005, which was the applicable
attainment date under the 1-hour ozone NAAQS for this nonattainment
area.

IV. What Would Be the Consequences of This Proposed Action?

Because the area has attained the 1-hour ozone NAAQS by the
applicable attainment date, the area is not subject to the requirement
to implement contingency measures for failure to attain the 1-hour
ozone NAAQS by its attainment date. Since the area has met its
attainment deadline, even if the area subsequently lapses into
nonattainment, it would not be required to implement the contingency
measures for failure to attain the 1-hour ozone NAAQS by its attainment
date.
If a severe or extreme 1-hour ozone nonattainment area attains by
its 1-hour ozone attainment date, it would not be required to implement
the section 185 penalty fees program. Section 185(a) of the CAA states
that a severe or extreme ozone nonattainment must implement a program
to impose fees on certain stationary sources of air pollution if the
area ``has failed to attain the national primary ambient air quality
standard for ozone by the applicable attainment date.'' Consequently,
if such an area has attained the standard as of its applicable
attainment date, even if it subsequently lapses into nonattainment, the
area would not be required to implement the section 185 penalty fees
program. Because EPA is proposing to find that the area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that the area is not subject to the imposition of the
section 185 penalty fees.

V. Proposed Actions

A. Philadelphia Area

Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA is proposing to determine that the
Philadelphia severe 1-hour ozone nonattainment area attained the 1-hour
ozone NAAQS by the applicable attainment date of November 15, 2005. EPA
also proposes to find that this area is not subject to the imposition
of the section 185 penalty fees.

B. Washington Area

Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA is proposing to determine that the Washington
severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS
by the applicable attainment date of November 15, 2005. EPA also
proposes to find that this area is not subject to the imposition of the
section 185 penalty fees.

VI. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This proposed action merely proposes to find that an area has attained
a previously-established NAAQS based on an objective review of measured
air quality data and imposes no additional requirements. Accordingly,
the Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule does not impose any additional enforceable duties, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to determine that each of two areas has attained a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
This rule does not involve establishment of technical standards,
and thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. These proposed rules to determine that the
Philadelphia and Washington severe zone nonattainment

[[Page 22901]]

areas attained the 1-hour ozone NAAQS and are not required to impose
section 185 penalty fees does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Authority: 42 U.S.C. 7401 et seq.

Dated: April 15, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-9261 Filed 4-25-08; 8:45 am]
BILLING CODE 6560-50-P

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